Atlantic Ocean Baltic Sea North Sea Bay of Biscay NATIONAL INTEGRITY SYSTEM ASSESSMENT Black Sea NETHERLANDS Mediterranean Sea www.transparency.nl NATIONAL INTEGRITY SYSTEM ASSESSMENT NETHERLANDS Transparency International (TI) is the global civil Publisher: society organisation leading the fight against Transparency International Netherlands corruption. Through more than 90 chapters worldwide and an international secretariat in Berlin, TI raises Lead researcher: awareness of the damaging effects of corruption and Willeke Slingerland LLM, works with partners in government, business and civil Saxion University of Applied Sciences society to develop and implement effective measures to tackle it. Authors: Willeke Slingerland LLM, Transparency International Netherlands (TI-NL) is the Saxion University of Applied Sciences NL Chapter of TI and raises awareness about corruption Frans Eijkelhof LLM, in the Netherlands. Saxion University of Applied Sciences Dr. Michel van Hulten, Disclaimer - Every effort has been made to verify the Saxion University of Applied Sciences accuracy of the information contained in this report. All Oksana Popovych Msc., information was believed to be correct as of February Saxion University of Applied Sciences 2012. Nevertheless, Transparency International Prof. Dr. Johan Wempe, Netherlands cannot accept responsibility for the Saxion University of Applied Sciences consequences of its use for other purposes or in other contexts. This project has been funded with support Graduate students: from the Prevention of and Fight against Crime Wesam Allama and Steven Wassink Programme, European Commission - Directorate- General Home Affairs. This publication reflects the External reviewer: views only of the authors, and the Commission cannot Dr. Alex Straathof, be held responsible for any use which may be made of Amsterdam University of Applied Sciences the information contained therein. Research review: This publication is a product of the European National Dr. Suzanne Mulcahy, Integrity Systems project. The National Integrity Transparency International Secretariat Systems assessment tool has been developed and coordinated by Transparency International. Project Coordinator(s): Reproduction in whole or in parts is permitted, Christine Verheijden, providing that full credit is given to Transparency Transparency International Netherlands International and provided that any such reproduction, Sang-Ah Yoo, whether in whole or in part, is not sold unless Transparency International Netherlands incorporated in other works. Project Assistance: Marloes van Hooijdonk, Transparency International Netherlands Graphic Design and Production: MDesign, +31 (0)320 226896, www.mdesign.nl Prevention of and Fight Against Crime. With financial support from the Prevention of and Fight Against Crime Programme. European Commission - Directorate-General © 2012 Transparency International Netherlands. All Home Affairs rights reserved. PAGINA 4 ACKNOWLEDGEMENTS We would like to thank all those who contributed to this colleagues at the TI Secretariat for assistance in the report, and in particular: those who were interviewed project design and methodology. A special word of by the lead researcher, some of whom have asked to gratitude goes to the Dutch Ministry of Security and remain anonymous; the Research Advisory Group, Justice for providing a donation to help financing the whose insights, constructive criticism and support NIS project. were invaluable; civil servants from the Ministry of Security and Justice, the Ministry of the Interior and Research Advisory Group: Kingdom Relations, the Netherlands Court of Audit and Prof. dr. Ingrid van Biezen the National Public Prosecutors Office, who have Prof. mr. dr. Petrus van Duyne offered valuable insights into their institutions and Mr. Erik Hoenderkamp spent quite a few hours on discussing anti-corruption Prof. dr. Elisabeth Lissenberg measures in the Netherlands with the researchers. We Prof. dr. ir. Theo de Vries would also like to thank other researchers who carried out the same study for other TI national chapters within Interviewees: Europe, and who have shared their experiences of NIS A full list of persons who have been interviewed can be research and project management; as well as our found in the Annex III. PAGINA 5 PREFACE TOWARDS A MORE TRANSPARENT AND INTEGRITY- makes it possible to recognise patterns in the FOCUSED NETHERLAND interactions between the different sectors of society. It shows how correction mechanisms between the pillars and within the pillars of Dutch society are changing. During the year 2011, some 25 chapters of Trans- The NIS results offer an independent, civil-society parency International participated in a Europe-wide perspective, while the usual GRECO/UNCAC/OECD assessment regarding their national integrity systems mechanisms are all peer-review evaluations with a (NIS). These studies analysed each country’s ability to degree of co-ownership between the government of prevent, detect, deter and penalise corruption and to the country being evaluated and the broader group of what extent they did so in practice. These assessments peers. The intergovernmental compliance evaluations covered principal state and non-state institutions such of these institutions tend to be more legalistic and/or as the Judiciary, Political Parties, the Executive, Anti- home in specific aspects of corruption. While the NIS corruption Agencies, the Media and Business. While process, in particular in the Netherlands, did include highlighting strengths and weaknesses in the overall very active engagement with the government and other governance system, the assessments focussed on stakeholders, it was quite clearly owned, led and factors of particular significance for anti-corruption published by the TI organisation. efforts, namely the independence, transparency and A thorough investigation had to be carried out in a very accountability of each institution. The assessment short time-frame. Transparency was able to secure the procedure was always consultative, involving services of Saxion University of Applied Sciences, and government, business and civil society representatives. in particular Mrs. Willeke Slingerland, who is currently The results are meant to be used as the basis for an writing a dissertation at Erasmus university on advocacy programme for reform in the member-states. corruption prevention and the use of the systems The Dutch chapter, Transparency International Neder- approach to analyse the corruption phenomenon, land (or TI-NL for short), was a party to this pan- supervised by Professor Wempe from this University. A European operation. The Netherlands is frequently small coordination centre had to be set up, and many considered to be a corruption-free society in the eyes meetings and interviews arranged. The resources of international business, as recent publications of needed for this independent assessment were provided corruption perception indices from Transparency by the European Commission via the TI-S International International itself show. Secretariat in Berlin. The Ministry of Security and Yet there are signs of a lack of transparency, of Justice, was willing to assist with a grant of EUR 60,000 integrity, of accountability even in the Netherlands, as to enable Dutch participation in the Europe-wide recent examples in this study for sectors as different as exercise. There were no strings attached. real estate, education and public procurement show. The study carried out by Mrs. Slingerland has resulted Transparency International highly welcomes that public in different kinds of recommendations. For example, it tolerance for integrity breaches has been reduced. This has become clear that governmental decision-makers is in line with a more general trend towards should systematically look at their own integrity and condemning corruption in the different sectors of behaviour. Why is there still no code of conduct for society. parliamentarians? The whole area of parliamentary The NIS aims to give a holistic view of the whole integrity mechanisms is lacking. The parliamentary national integrity system, and encompasses the debates concerning disclosure of party financing and evaluation of a broad range of institutions. This is at election financing were highly due. External political the expense of a very detailed assessment of specific influence bought by large anonymous private parties aspects of the anti-corruption system. New in this has to be made more transparent or stopped. More study is the use of a system approach as a method for attention is in order for controlling the revolving-door analysing the vulnerability to corruption. This approach between public and private sectors. These factors are PAGINA 6 PREFACE probably also contributory to the low place of politics improvement not only in the public but also the private and political representatives in the public esteem. More sector. This protection is not only crucial for the in general it is necessary for top level decision makers individuals concerned, but also necessary in the public both in the public and private sector to be more interest. In many cases a whistle-blower warns against accountable to each other as to their integrity integrity breaches with clear repercussions for his or Another conclusion is that the system of checks and her own institution, but also with negative balances to realise more integrity is incomplete in the consequences for society at large. Similarly, Netherlands. Currently